Easement of necessity

Sec. 15. If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad retains an easement of necessity in the abandoned right-of-way: (1) from the landlocked property to the nearest public highway, road, or street; and (2) to the extent necessary to reach and use the landlocked fee interest for its intended purpose. [Pre-2002 Recodification Citation: 32-5-12-15.] As added by P.L.2-2002, SEC.8.